PUSHPA GUPTA Vs. SUBHASH CHANDRA

JUDGEMENT

(1.) This S.S.C. Revision by the defendant is directed against an order of the Additional District Judge, Court no.2, Varanasi, sitting as the Small Cause Court, dtd. 11/11/2019 passed in SCC Suit no.7 of 2017, rejecting the defendant's application, seeking to condone the delay in complying with the provisions of Order XV Rule 5 CPC, with a further prayer to permit the defendant to deposit arrears of rent from the month of March, 2015; in the alternative, to adjust the rent deposited by the defendant under Sec. 30(2) of the U.P. Act No.13 of 1972, with permission to deposit the outstanding rent from the date of institution of the suit.

(2.) Notice pending admission was issued vide order dtd. 17/7/2019, and an interim stay of proceedings of the suit was granted. The landlord has put in appearance and opposed the motion to admit this Revision to hearing. Learned Counsel for the parties were heard and orders were reserved.

(3.) Heard Mr. Ashish Kumar Srivastava, learned Counsel for the revisionist-tenant in support of the motion to admit the Revision to hearing and Mr. Atul Dayal, learned Senior Advocate assisted by Mr. Ayush Khanna, appearing on behalf of the plaintiff-opposite party.